Lal Bihari Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37652 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- KISHANGANJ DistrictKishanganj ====================================================== LAL BIHARI SAH, aged about 76 years, male, Son of Late Kalu Sah Resident of Village - Telibasti Ward No. 2, P.S. and District- Kishanganj ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Pankaj Kumar Sinha Mr. Diwakar Sinha, Advocates.
For the Opposite Party:
Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-06-2019 This matter was taken up for disposal on merits on 24.06.2019 and upon hearing learned counsel for the petitioner, who submitted that the offence alleged was cognizable, a draft of the order was dictated in Court.
2. Before the final order was signed, however, it came to be noticed that Section 14-A of the Child and Adolescent Labour (Prohibition and Regulation ) Act, 1986 [hereinafter referred to as 'the Act'] was inserted with effect from 01.09.2016, which provides that any offence committed by an employer and punishable under Section 3 or Section 3-A of the said Act shall be cognizable. However, the said provision is silent with regard to whether such offence is bailable or non-bailable.
3. The matter was accordingly listed under the
Patna High Court CR. MISC. No.37652 of 2019(3) dt.26-06-2019 2/2 heading 'To be Mentioned'.
4. Learned counsel for the petitioner accepts that the punishment under Section 14 of the Act has been provided for a maximum of two years in respect of the offence alleged against the petitioner. He has however not been able to point out any provision in the Act which overrides the general provision contained in Schedule-I Part-II Cr. P.C. which provides that offences under other laws punishable with imprisonment for less than three years or with fine only shall be classified as bailable.
5. In the above circumstances, the present anticipatory bail petition must be held to be not maintainable and is dismissed as such.
(Vikash Jain, J) Ibrar/BT U